Taking Canadian citizenship with H1B living in US

[Applicant_CAN]

This is a great thread. I am in the same boat and planning to apply for Canadian citizenship while in USA. While filling the application I am facing issue with the “last date of Canada entry “ in the physical presence page, as I am still in USA. Has anyone else had the same issue? How did you come across this? Appreciate your help.

FYI i completed my physical presence requirements and travelled back to USA in January.

Thanks.

 

[Applicant_CAN]

Can somebody who has an idea on this comment please? Appreciate your help!!

 

[sheldon2309]

Can somebody who has an idea on this comment please? Appreciate your help!!

Not sure I understand your question or issue here but I would advise against filing your citizenship from outside Canada. I had made that mistake because of which my application became non-routine and took way longer than usual and I also had to go thru interview etc.Not sure about your situation but in my case, I had the risk of losing the PR status as the application took longer. I ended making multiple trips to Canada (visited local M.P. office etc) to get some help. I was lucky to get it time but would not recommend anybody to submit the application from outside Canada (When you submit online, you disclose where you are submitting your application from).

Visit Canada, complete your physical presence calculator, ALSO include the trip when you visit Canada to apply (you would not set departure date from Canada for this trip).

 

[Safeperson]

If a Canadian passport doesn't need an H1B to work in the US, how do they stay legally working?
I am interested to know, please. Thanks

 

[sheldon2309]

If a Canadian passport doesn't need an H1B to work in the US, how do they stay legally working?
I am interested to know, please. Thanks

You get i797 when you apply for H1B. That allows you to work in US. The visa on your passport is only for entry. So, once one aquires Canadian citizenship, because US - CAN treaty, you can enter US visa free, hence you wont need any visa on your passport. However, to work in US, you would still need approved H1B petition i.e. i797.

 

[Safeperson]

You get i797 when you apply for H1B. That allows you to work in US. The visa on your passport is only for entry. So, once one aquires Canadian citizenship, because US - CAN treaty, you can enter US visa free, hence you wont need any visa on your passport. However, to work in US, you would still need approved H1B petition i.e. i797.

Thanks for the response. Please does one need to get a job sponsor before filing the I797 or one can file it before getting to the US?

 

[sskmatcha]

Not sure I understand your question or issue here but I would advise against filing your citizenship from outside Canada. I had made that mistake because of which my application became non-routine and took way longer than usual and I also had to go thru interview etc.Not sure about your situation but in my case, I had the risk of losing the PR status as the application took longer. I ended making multiple trips to Canada (visited local M.P. office etc) to get some help. I was lucky to get it time but would not recommend anybody to submit the application from outside Canada (When you submit online, you disclose where you are submitting your application from).

Visit Canada, complete your physical presence calculator, ALSO include the tha trip when you visit Canada to apply (you would not set departure date from Canada for this trip).

 

[sskmatcha]

Thanks a lot for the information. I still have 2 more years on PR, but thought of applying from USA. Will definitely visit Canada and apply from there. This is a great suggestion. I might need to put my USA address in the history and update Canada address for the duration, right?

 

[sheldon2309]

In my case, I used my relatives' address as they were comfortable with it. If you don't have any such contact, you will have to use your US address.

 

[sskmatcha]

Thanks for the response. Please does one need to get a job sponsor before filing the I797 or one can file it before getting to the US?

In my case, I used my relatives' address as they were comfortable with it. If you don't have any such contact, you will have to use your US address.

Thanks for your kind response. I do have few more questions. Can I connect with you offline?

 

[sskmatcha]

Thanks for the response. Please does one need to get a job sponsor before filing the I797 or one can file it before getting to the US?

You will need an employer to file your h1b and upon approval you will get l797.

 

[ArunV]

Hello All! I recently got my canadian citizenship and passport. While travelling back from Canada to US, I presented my new passport, existing i797b ( valid for 1.5 years) and mentioned that I recently acquired new citizenship. Officer said they can not issue i94 for my new passport as i797 has to be reprocessed to be associated with Canadian passport ( this was suggested in secondary screening) . Since I had to still enter with "worker" status, I ended up using my Indian passport.

How do I go about this situation now? I was under impression that everythibg should be smooth based on prior experiences on this forum but that was not the case.

Could it be that the officer didnt know that I dont have to amend i797 in order to enter with Canadian passport? I am waiting for my lawyers to get back to me on this but if anybody has any meaningful inputs here, I would greatly appreciate them!

Thank you!

I got my Canadian PP 5 days ago. Successfully I was able to enter USA with old H1B and Canadian passport. My H1B is approved with Indian Citizenship. Welcome to answer any question you have.
I didn’t show my Indian passport, didn’t mention to officer that I changed my nationality. Simply showed Canada passport and I797 copy and told that I am going to work in USA on H1B. He approved it without asking any question

 

[Canadatalk]

I got my Canadian PP 5 days ago. Successfully I was able to enter USA with old H1B and Canadian passport. My H1B is approved with Indian Citizenship. Welcome to answer any question you have.
I didn’t show my Indian passport, didn’t mention to officer that I changed my nationality. Simply showed Canada passport and I797 copy and told that I am going to work in USA on H1B. He approved it without asking any question

thanks for the update! wanted to know what documents are required for the dependents while entering to USA on Canadian passport, I have similar situation and have approved i797 along with stamped and valid H1 on cancelled Indian passport and H4 stamped on dependents cancelled Indian PP but dependent doesn't have any other docs like i797 etc...

 

[ArunV]

thanks for the update! wanted to know what documents are required for the dependents while entering to USA on Canadian passport, I have similar situation and have approved i797 along with stamped and valid H1 on cancelled Indian passport and H4 stamped on dependents cancelled Indian PP but dependent doesn't have any other docs like i797 etc...

Canada Passport of your wife and your I797 copy. That’s it

 

[Canadatalk]

Canada Passport of your wife and your I797 copy. That’s it

thanks! this helps!